HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1806/2022
Karandeepshyoran Son Of Shri Rajendra Singh Shyoran, Aged
About 29 Years, Resident Of House No. 1115, Sector 16-17,
Hisar Police Station, Civil Line, District Hisar, Presently Tenant At
Flat No. 8B, Tower-2, M3M Golf Estate, Sector 65, Gurgaon,
Police Station Sector 65, Gurgaon ( Presently Confined In Central
Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Mukul Rohtgi, Sr. Counsel with Mr. Rajneesh Gupta, Mr. Bhanu Pratap Saini, Mr. Pramod Kumar Saini For Respondent(s) : Mr. Mangal Singh Saini, Mr. Ghan Shyam Singh Rathore, GA-
Cum-AAG, Mr. Bhanwar Singh Chouhan, Mr. Saurabh Pratap Singh Chouhan, Mr. Santosh Singh, Mr. Bhanu Singh HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 08/07/2022
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.318/2021 Registered at Police Station Vaishali Nagar, Jaipur City (West) for the offence(s) under Sections 302, 120B IPC.
2. Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 03.09.2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner submits that there is (Downloaded on 08/07/2022 at 10:06:44 PM) (2 of 4) [CRLMB-1806/2022] no connecting evidence against the petitioner regarding alleged offence. Learned counsel for the petitioner submits that no motive and intentions of the petitioner is proved by the material collected during investigation. Learned counsel for the petitioner submits that as per FSL report, pistol recovered from the co-accused were not used in this case. Learned counsel for the petitioner also submits that allegation of prosecution is that petitioner and deceased has enmity but letters written by deceased reveals that there is no enmity between the petitioner and deceased rather deceased appreciated the work done by petitioner and also made recommendation for extension of time. Learned counsel for the petitioner also submits that present FIR was lodged after inordinate delay of 12 hours. Learned counsel for the petitioner also submits that eye witness Trilok in his statement under Section 161 Cr.P.C. clearly stated that he had not recognized any person. Learned counsel for the petitioner submits that nothing was recovered from the petitioner. Conclusion of trial may take long time. So, petitioner be enlarged on bail.
3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that petitioner is Managing Director of M/s E-5 Infrastructure Pvt. Ltd. He had got contract to build bridge and deceased was engineer in URS Scott Willson India Pvt. Ltd. Deceased has duty to supervise the work and give return to NHAI. Learned Public Prosecutor has also submitted that petitioner wants to change the design of bridge and he wants to build double span bridge instead of single span and as per correspondence, deceased had refused to accept the (Downloaded on 08/07/2022 at 10:06:44 PM) (3 of 4) [CRLMB-1806/2022] proposal of petitioner and recommended to withheld crores of rupees of the petitioner's company. Learned counsel for the complainant also submitted that during investigation CCTV footage, call details and documentary evidence collected by Investigating Officer that clearly reveals that petitioner and other co-accused hatched conspiracy to kill the petitioner. And they hired professional shooter. Professional shooter were brought on the spot and they had shot the deceased. So, looking to the gravity of the offence, the bail be dismissed.
4. Learned counsel for the complainant has placed reliance upon the following judgments: (1) Anil Kumar Yadav & Ors. Vs. State (NCT) of Delhi and Ors. reported in (2018) 12SCC 129 (2) State of U.P. Through CBI Vs. Amarmani Tripathi with State of U.P. Through CBI Vs. Madhumani Tripathi reported in (2005) 8 SCC 21 (3) Jaswant Raj Soni Vs. Prakash Mal with Jabar Lal Vs. Kan Mal reported in (2005) 8 SCC 38 (4) The State of Orrissa and Ors. Vs. Mahimananda Mishra and Ors. reported in 2018(3)UC 2234 (5) Mamta Nair Vs. State of Rajasthan & Anr. reported in Criminal Appeal No.586 of 2021 (Arising out of SLP (Crl.) No.3679 of 2021) (6) Bhim Saini @ Bhimraj Saini Vs. State of Rajasthan through PP. reported in S.B. Criminal Miscellaneous Bail Application No.3255/2022 (7) Shubham @ Golu Vs. State of Rajasthan through PP. reported in S.B. Criminal Miscellaneous Bail Application No.4091/2022.
5. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant.
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6. It is an admitted position that the petitioner had got the contact to build bridge from NHAI. Deceased was AE in URS Scott Willson India Pvt. Ltd. Work of deceased was to supervise and monitor the construction and give his report to NHAI. Investigating Officer collected the various correspondence done by the petitioner and deceased. A perusal of correspondence reveals that deceased was not happy by working of petitioner's company and he had recommended to withheld the crores of rupees and also not approved the design of bridge which petitioner wanted to construct. Petitioner wanted to remove deceased from his way. So, petitioner and other person hatched a conspiracy and engaged professional shooter and provide them pistol and cartridge to shoot deceased. Investigating Officer collected ample evidence against the petitioner as well as other co-accused. So, looking to the facts and circumstances of the case without going to the merit, I do not consider it a fit case to enlarge the petitioner on bail.
7. Accordingly, the bail application under Section 439 Cr.P.C. is dismissed.
(NARENDRA SINGH DHADDHA),J Seema/12 (Downloaded on 08/07/2022 at 10:06:44 PM) Powered by TCPDF (www.tcpdf.org)